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Supreme Court Upholds the Gingrich/Romney Individual Mandate PDF Print E-mail
Written by Chet   

I haven't read the entire decision yet, but I'm going to briefly comment on today's United States Supreme Court decision on the constitutionality of the various provisions of the Affordable Care Act.  

First, here's the decision.


Second, I'll tell you that the Supreme Court held that the "individual mandate" provision is an acceptable exercise of Congress's taxing authority.  But more importatly, I want to be sure everybody understands the significance of the decision on the individual mandate.  The individual mandate has never been a "liberal" or "progressive" idea.  It is not a "Democratic" idea.  The "individual mandate" was dreamed up by the far-right-wing-fringe Heritage Foundation, it was approved by Newt Gingrich and virtually every other Republican, and it was first signed into law by Mitt Romney.  It only became a part of the Affordable Care Act -- or "Obamacare," if you will -- because Republicans and the insurance companies who (along with oil companies) own the Republican Party insisted that it be in any health care law.  It only became unpopular with them when it became a part of legislation signed into law by Barack Obama.

To be clear about this, "individual mandate" is a Republican idea.  Universal single payer healthcare -- or even a "public option" -- would have been a Democratic idea.  The Affordable Care Act is, was and -- perhaps -- always will be a huge piece of compromise legislation, containing some Democratic ideas (e.g. coverage for children on parents' insurance until the kid is 26; no pre-existing condition exclusions; no cap on lifetime coverage; expansion of Medicaid  etc.), and some Republican ideas (e.g. individual mandate). The decision to uphold the "individual mandate" today is not a Democratic victory.  If anything, it is a victory for compromise, but also for Republicans and their insurance companie masters.  The decision to strike the expansion of Medicaid is not a loss for Democrats; it is a loss for people who need help paying their medical bills.

Any information I have gotten regarding the specifics of the decision has come from the great coverage at SCOTUSBlog.  I have not taken any information from CNN, where they have a tendency to get things wrong from time to time.  As here...


Ooops...  Got that one wrong.  Fire the chyron guy.

Comments (6)add comment

elitist liberal scum said:

The ND GOP response is hilarious, considering that it takes a 4 -1 vote for the ND Supreme Court to find a ND statute unconstitutional. Let's see, if the US Supreme Court used the same standard, 80% would have to vote to overturn an act of Congress on constitutional grounds. The Gop-cons would have to get 7.2 votes to overturn the Affordable Health Care Act. 3.2 votes short, in my book.
June 29, 2012
Votes: +0

Marty said:

I look forward to next legislative session, when they debate repealing the ND statute that requires all drivers to have liability insurance.
June 29, 2012
Votes: +0

Jason said:

I'm not sure how you say that the Individual Mandate is a compromise. The GOP had no input in the Bill. It was forced through using closed door meetings by the Democrats who had a super majority.

If they didn't like it why didn't they keep it out? Also at least we can all agree now that it is a Tax. Can't spin that it isn't anymore.
July 02, 2012
Votes: +0

Marty said:

It is so sad that you don't understand these things, Jason.

Have you considered thinking about them?

That sometimes works. For most people anyway.
July 02, 2012
Votes: +1

big jake said:

Marty, how dare you suggest that the current crop, including Jason, of faux conservatives think about anything. Oxymoron comes to mind. Ideology or something like it creates beliefs and that displaces the ability or willingness to think. An old political trick that seems to still work well. The Church used this ploy for its own political best interests for centuries and still use is successfully. The use of intellect is the enemy of the current and growing crop of morons. It is just to frightening and requires one to examine his own ideas or his failure to have any. It does take some courage. Too much for this bunch. And this too shall pass.
July 02, 2012
Votes: +1

nimrod said:

That's why it's such a relief to become a Republican. Then, you don't have to waste time reading newspapers, magazines. blogs, and the like.
July 03, 2012
Votes: +0

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